Supreme Court on Deeds and Documents - Covering case law from 1950 till date

This unique and classic compendium covers the case-law as laid down by the Supreme Court on ‘Deeds and Documents‘from its inception from 1950 till date and the entire Supreme Court case-law of the provisions of Ss. 61 to 100 of the Evidence Act, 1872 has been analysed herein. Except the provisions of the Evidence Act, almost every deed/document concerned, whether it is a contract, an arbitration agreement, a will, a conveyance/transfer deed, a labour settlement, court room document, a government grant, etc.

An attempt has been made to classify the rulings on the Construction/Interpretation of Deeds and Documents in a rigorous fashion, borrowing well-established idea from the law on the interpretation of Statutes. 

1. “Court”

2. Nature and Scope

(a) Broadly

Role of party other than court and contemnor

(b) Freedom of speech/expression and contempt of court

(c) Power of superior court to punish for contempt of inferior/subordinate court

(d) Contempt by court, judge, magistrate or other person acting judicially

(e) Contempt by Advocates

(f) Contempt by court/registry officers or staff

3. Criminal Contempt 21

General principles

(1) Broadly

(2) Prejudice to or interference with judicial proceeding

(3) Scandalise or lower authority of court

(i) Generally

(ii) Physical assault of Judges

(iii) Other instances

(4) Interfere or obstruct administration of justice “in any other manner”

(i) General Principles

(ii) Instances

4. Civil Contempt

(a) General principles

(1) Broadly

(2) Orders of which contempt possible/punishable

(3) Matters at large/Review etc. of earlier order/Orders that may be passed

(4) Wilful disobedience/contumacious conduct

(5) Breach of undertaking

(6) Interpretation/doubt as to order

(7) Feasibility, etc. of implementation of order

(8) Burden of proof

(b) Instances of civil contempt

Disobedience of interim/interlocutory orders

5. Maintainability

(a) Generally

(b) Cognizance

6. Practice and Procedure

(a) Generally

(b) Contempt in face of the court

(c) Specific matters

7. Exercise of Contempt Jurisdiction

(a) Generally

(b) Suomotu initiation of contempt proceedings

8. Defences

(a) Apology

(b) Justification and Truth

(c) Fair criticism or comment

(d) Proceedings not pending or ignorance of pend ency of proceedings

9. Punishment for Contempt

(a) Abuse of process

(b) Criminal contempt

(c) Civil contempt

(d) Costs as punishment

(e) Sentencing

(f) Other instances of punishment

10. Particular Statutes and Rules

(a) Contempt of Courts Act, 1971

(b) Rules to Regulate Proceedings for Contempt of Court under Calcutta High Court Contempt of Court Rules, 1975

(c) Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975